HomeMy WebLinkAboutDecision - 1077 OSGOOD STREET 7/19/2007 Bk 11673 Po28O �191_t74
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DESCRIBE
Essex North Registry of Deeds
Robert E Kelley, Register
354 Merrimack St. Suite 304
(Lawrence, MA 01843
(978) 683-2745
www.lawrencedeeds.com
poR�TN gtio Town of Nor th Andover ,t rF`E�E1 V E D_
4... _ o TO v,, =poll
Office of the Planning Department
o 4* Division of Community DevelopmPAI JUL 23 A 1 8: 26
1600 Osgood Street
SACHO TOWN rli�
North Andover, Massachusetts 01845 NORTH Av1D 'VL„
MASSACI UMI TTS
i
This is to certify that twenty(20)days
have elapsed from dated decision,filed
without filing of an ape I.
Date u a0
degree A..Bradshaw
TOWR 9I @f� I
NOTICE OF DECISION
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: July 19, 2007
Date of Hearing(s): May 1,thru July 17, 2007
Date of Decision: July 17, 2007 1
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Petition of: Angus Realty Corporation, 1077 Osgood Street, North Andov r,MA
01845
Premises Affected: 1077 Osgood Street, North Andover,-MA 01845 within the Geteral
Business Zoning District, Assessors Map 35, Lot 27.
Referring to the above petition for a Site Plan Special Permit from the requirements f the North
Andover Zoning Bylaw, Sections 83, 10.3, and 10.31 and MGL C.40A, Sec, 9
So as to allow: to construct a sixty (60) space parking lot, installation of an undergroun storm water
management and drainage system, minor roadway improvements to the main access way, site lighting,
associated grading, extensive landscape work within the General Business Zoning District.
After a public hearing given on the above date, the Planning Board voted to APPRO A SITE
PLAN SPECIAL PERMIT based upon the following conditions: i
f h Andover P ping Bo
ard Nardella, Chairman
John Simons, Vice Chairman
Alberto Angles, Clerk
Jennifer Kusek
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AT EST:
A Tr e Copy
Tows Clerk
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1077 Osgood Street,Map 35 Lot 27
Site Plan Special Permit—Construction of Parking Lot
July 17,2007
On July 17,2007 upon a motion made by John Simons and seconded by Jennifer Kusek,the 31anning
Board herein APPROVED the Site Plan Special Permit for the construction of a sixty(60)sp am parking
lot,installation of an underground storm water management and drainage system,minor roac way
improvements to the main access way, site lighting, associated grading, extensive landscape vork and
other improvements shown on the"Plans"as defined below. The project lies in the General usiness
Zoning District and is located on real property shown on the North Andover Assessors Map 35,Parcel 27
and consists of approximately 320,080 s.f. (7.348 acres)of land with frontage on Osgood Str xt and Great
Pond Road, The Special Permit was requested by the Applicant,Angus Realty Corporation, 1077 Osgood
Street,North Andover,MA 01845.
This application was filed with the Planning Board on March 26, 2007. The Applicant submitted a
complete application which was noticed and reviewed in accordance with Sections 8.3, 10.3 and 10.31 of
the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The Applicant has Jiled with the
Planning Board all plans and reports required under the North Andover Zoning Bylaws,inchiding but not
limited to the information required under Section 8.3 and 10.31 of the North Andover Zo ' g Bylaws.
During the review process,the Applicant and its professional consultants also submitted vari Dus revisions
to the plans along with various supplemental memoranda and correspondence in response requests by
the Planning Board,the Board's peer review consultants, and by the various departments wit the Town
of North Andover that reviewed the project. Al(of these plans,reports and correspondence ire contained
in the Planning Board's files and are hereby incorporated by reference into the public n cord for this
hearing.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 8.3 and 10.3:
FINDINGS OF FACT:
1) The specific site is an appropriate location for the project as it is located in the General Business Zone
and involves the construction of a sixty (60) space parking lot. The project is local within an
extremely environmental sensitive area and in close proximity to Lake Cochichewi k. The final
design reflects extensive discussions between the Town and applicant to ensure t ie continued
protection of Lake Cochichewick and the safety and welfare of the residents of North At dover.
2) There will be no nuisance or serious hazard to vehicles or pedestrians. The plicant has
demonstrated that (1)the proposed access and egress point from Osgood Street will not significantly
increase traffic flow or volumes and (2) the parking lot design provides for adequate traffic flow,
safety, and sufficient pedestrian connections within the site.
3) The landscaping approved as part of this plan meets the requirements of Section 8.4 as amended by
the Planning Board, of the North Andover Zoning Bylaw.
4) The site drainage system and storm water management design are designed in acco ce with the
Town Bylaw requirements and Best Engineering and Management Practices, and has been reviewed
by the outside consulting engineer, Vanasse, Hangen Brusdin, Inc. (VHB). Refer to 1 dated June
14, 2007 from VHB. Further, adequate safeguards have been provided to mitigate p llutants from
entering Lake Cochichewick.
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5) An Emergency Response Plan has been incorporated as part of this decision.
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1077 Osgood Street,Map 35 Lot 27
Site Plan Special Permit-Construction of Parking Lot
July 17,2007
6) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of
the Zoning Bylaw;
7) Adequate and appropriate facilities will be provided for the proper operation of the p oposed use.
The project has been reviewed by the Division of Public Works and the outside consult g engineer,
Vanasse,Hangen Brustlin,Inc.
8) The applicant shall comply with the terms and conditions referenced in this Special Permit, the
August 31, 1989 Site Plan Special Permit, and the Site Plan Special Permit Modification granted on
September 27, 1991.
Finally the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 8.3, but requires conditions in order to be fully in
compliance. The Planning Board hereby grants an approval to the applicant provided a following
conditions are met:
SPECIAL CONDITIONS:
1) Permit Definitions:
A) The"Locus"refers to the 320,080 s.f. (7.348 acres)parcel of land with land fronting on Osgood
Street as shown on Assessors Map 35, lot 27, and also known as 1077 Osgood Suva,North
Andover,Massachusetts.
B) The"Plans"refer to the plans prepared by Lynnfield Engineering dated April 30,2007,revised
5/22/07, 5/24/07,and 7/5/07 entitled`Butcher Boy Marketplace, 1077 Osgood Str North
Andover,Massachusetts 01845"and consisting of sheets Cl-C7,El -E2,LTG Cale,and Ll
(revised 7/5/07).
C) The"Project"or"1077 Osgood Street"refers to the construction of a sixty(60)sp parking lot,
installation of an underground storm water management and drainage system,minor roadway
improvements to the main access way, site lighting,associated grading, extensive landscape work
and other improvements shown on the"Plans"as defined above.
D) The"Applicant"refers to Angus Realty Corporation,the applicant for the Special Permit.
E) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time,which can include but is not limited to the applicant, developer, d owner.
2) The developer shall designate an independent Environmental Monitor who shall be chosen in
consultation with the Planning and Community Development Staff. The Environmental Monitor
must be available upon four (4) hours notice to inspect the site with the Planning Board designated
official. The Environmental Monitor shall make weekly inspections of the project and Ele reports on
the 4`h Monday of each month to the Planning Department throughout the duration of the project.The
monthly reports shall detail area of non-compliance, if any and all actions taken to resolve these
issues.As part of the monthly submissions,the Environmental Monitor will submit all environmental
monitoring reports provided to Conservation Commission as part of their Order of Co ditions. The
designated monitor may not be applicant and/or developer.
3) The applicant shall designate an independent construction monitor who shall t a chosen in
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1079 Osgood Street,Map 35 Lot 27
Site Plan Special Permit-Construction of Parking Lot
July 17,2007
consultation with the Planning Department. The construction monitor must be available upon four(4)
hours notice to inspect the site with the Planning Board designated official. The constructon monitor
shall make weekly inspections of the project and file reports on the 40'Monday of each month to the
Planning Department throughout the duration of the project. The monthly reports shall Jetail area of
non-compliance, if any, and actions taken to resolve these issues. The designated monitc r may not be
applicant and/or developer.
4) The site as described in Condition 1(A) is permitted a maximum of two permanent swrage trailers.
No additional permanent storage of trailers will be allowed on site. Temporary storage ers maybe
allowed for up to two-weeks during holidays and busy periods of operation. This condition is subject
to future zoning amendments pertaining to the outside storage of products/goods and d a use trailers
for this purpose. This decision shall be in compliance with the most current Zoning and General
Bylaws for the Town.
5) Prior to the endorsement of the plans by the Planning Board, the applicant must wmply with
the following conditions:
A) The final plans must be reviewed and approved by the DPW and the Planning Depaitment and be
endorsed by the Planning Board. The final plans must be submitted for review within ninety(90)
days. Failing submission of required final plans within 90 days will render this S pocial Permit
null and void.
B) If applicable, the applicant must supply a copy of the approved Massachust tts Highway
Department permits necessary for construction of the site to the Planning Departme
6) Prior to the start of construction:
A) A construction schedule shall be submitted to the Planning Staff for the purpose o tracking the
construction and informing the public of anticipated activities on the site.
B) All applicable erosion control measures as shown on the plan must be in place and reviewed and
approved by the Planning Department.
C) It shall be the responsibility of the developer to assure that no erosion on the s' shall occur
which will cause deposition of soil or sediment upon adjacent properties or public w ys,except as
normally ancillary to off-site sewer or other off-site construction. Off-site erosion be a basis
for the Planning Board making a finding that the project is not in compliance v ith the plan;
provided, however, that the Planning Board shall give the developer written notic( of any such
finding and ten days to cure said condition.
D) Yellow "Caution"tape must be placed along the limit of clearing and grading as hown on the
plan. The Planning Department must be contacted prior to any cutting and or cl on site.
E) A pre-construction meeting must be held with the developer, their construction employees,
Planning Department, Building Department, and Conservation Department to discus scheduling
of inspections and inspections to be conducted on the project.
F) The developer shall provide the Planning Board with copies of permits, plans decisions
received from the Conservation Commission. Should the Town Planner find that plans approved
by the Conservation Commission substantially differ from the approved plans of the Planning
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1077 Osgood Street,Map 35 Lot 27
Site Plan Special Permit—Construction of Parking Lot
July 17,2007
Board, the developer is required to present the changes through a public hearing to the Planning
Board for a modification to site plan approval.
G) A site opening/erosion control bond shall be in the total amount of five thoi sand dollars
($5,000.00) for the purpose of covering any contingencies that might affect the p blie welfare
such as site opening, clearing, erosion control and performance of any other condif con ' on contained
herein. The Guarantee shall be in the form of a bond acceptable to the Town and made payable
to the Town of North Andover escrow account. Upon fulfilling the requiremens under said
bond,the said bond amount will be rolled over to Condition 6(W.
H) A bond in the amount of ten thousand dollars ($10,000) must be posted for th purpose of
insuring that a final as-built plan showing the location of all on-site utilities, structures, parking
spaces,topography, and drainage facilities are submitted. The bond is also in place to insure that
the site is constructed in accordance with the approved plan. This bond should be in the form
acceptable to the Town and made payable to the Town of North Andover escrow acc Dunt.
1) A bond in the amount of five thousand dollars ($5,000.00) shall be posted for tie purpose of
covering any contingencies or emergency situations that may degrade or impact the quality of the
Town's drinking water supply,Lake Cochichewick. The Guarantee shall be in the f rm of a bond
acceptable to the Town made payable to the Town of North Andover escrow accowit and will be
held in perpetuity. Should the property be sold or transferred, the Planning D artment will
require that a bond be posted by the new owner and to be held in perpetuity. Said b nd will only
be utilized for the purposes stated above.
7) Prior to the issuance of a Building Permit:
A) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department.
B) One certified copy of the recorded decision must be submitted to the Planning Depax ent.
C) To ensure the continued protection of the health and welfare of the residents of North Andover and
lessen the probability and possibility of contamination and incident to the Town's p ' source of
drinking, the applicant shall be required to submit to the Planning Department a mprehensive
Emergency Response Plan and Maintenance Procedures. The Planning Board sha I review and
approve said plan. The final plans must be submitted for review within ninety(90) Jays of filing
the decision with the Town Clerk. Failing submission of required Emergency spouse Plan
within 90 days will render this Special Permit null and void. Said Emergency Rest nse Plan and
Maintenance Procedures will be distributed to the Town's Fire Department, Police Department,
Planning Department, and the project site where the document(s) will be kept on f ae and easily
accessible in case of an emergency. J
8) During construction:
A) Dust mitigation and roadway cleaning must be performed weekly or more frequently as directed
by the Town Planner throughout the construction process; especially at the comer of the
intersection where any new projects are being constructed.
B) The Board will strictly enforce the policy relative to the stockpiling of material (dirt, wood,
construction material, etc.)and must be shown on a plan and reviewed and approved by the Town
Planner. The developer will make every effort to locate stockpiles on the site away om the Lake
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1077 Osgood Street,Map 35 Lot 27
Site Plan Special Permit-Construction of Parking Lot
July 17, 2007
Cochichewick. Any approved piles must remain covered at all times to minimize otential dust
and be required to install appropriate erosion control measures to mitigate potential impacts to
Lake Cochichewick. Any stockpiles to remain for longer than one week must be IaCed off and
be seeded.
C) In an effort to reduce noise levels, the developer shall keep in optimum working c rder, through
regular maintenance,any and all equipment that shall emanate sounds from the struc tures or site
D) The Town Planner will perform bi-weekly inspections of the site during construclion to ensure
that the developer is adhering to the conditions set forth in the decision.
9) Prior to the issuance of a Certificate of Occupancy:
A) The applicant must submit a letter from the architect and engineer of the project s ating that the
building, signs, landscaping, lighting and site layout substantially comply with the pt ns referenced
at the end of this decision as endorsed by the Planning Board. Alternatively, the ap licant and/or
property owner may provide a bond, determined by the Planning Board,to cover the amount of
the landscaping materials and installation if weather conditions do not permit the con pletion of the
landscaping prior to anticipated occupancy.
B) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting
shall have underground wiring and shall be so arranged that all direct rays from such lighting falls
entirely within the site and shall be shielded or recessed so as not to shine pon abutting
properties or streets. The Planning Staff shall review the site. Any changes to the approved
lighting plan as may be reasonably required by the Planning Staff shall be made a the owner's
expense. All site lighting shall provide security for the site and structures however it must not
create any glare or project any light onto adjacent residential properties.
C) Emergency Response Plan to be filed and posted in obvious location such as Fire DC eut,Police
Department and Planning Department.
10) Prior to the final release of all security and escrowed funds:
A) The Planning Staff shall review the site. Any screening as may be reasonably rejuired by the
Planning Staff will be added at the Project Owner's expense.
B) A final as-built plan showing final topography,the location of all on-site utilities, ctures,curb
cuts, parking spaces, and drainage structures and facilities must be submitted to the Planning
Department. The applicant must submit a letter from the architect and engineer of the roject stating
said items substantially comply with the plans referenced at the end of this decision endorsed by
the Planning Board.
11) General conditions:
A) Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this
decision that die must be replaced by the project owner in perpetuity.
B) If applicable,tree cutting shall be kept to a minimum throughout the project to min hiize erosion
and preserve the natural features of the site.
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1077 Osgood Street,Map 35 Lot 27
Site Plan Special Permit—Construction of Parking Lot
July 17,2007
C) Snow removal may be stored on the designated storages areas shown on said plans referenced
below to the extent possible, but must be trucked off site whenever snow exceeds -site storage
capacity.
D) Should the Project Owner transfer ownership of the project and/or property, the bul ter shall meet
with the Planning Board to provide an update on the status of the project.
E) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
F) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
G) The hours for construction shall be limited to between 7:00 a.m, and 5:00 p.m. Monday through
Friday and between 5:00 a.m. and 5:00 p.m.on Saturday.
IJ) No open burning shall be done except as is permitted during burning season u ider the Fire
Department regulations.
I) No underground fuel storage shall be installed.
J) The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
K) Depending on the allowed uses, the Planning Board reserves the right to modify the form and
frequency of maintenance testing and inspection.
L) Any action by a Town Board, Commission, or Department, which requires changes in the plan or
design of the parking lot, as presented to the Planning Board, may be subject to modification by
the Planning Board.
M) Depending on the allowed uses, the Planning Board reserves the right to modify a form and
frequency of maintenance testing and inspection to ensure the continued protection of Lake
Cochichewick.
N) Any revisions shall be submitted to the Town Planner for review. If these revis on s are deemed
substantial,the developer must submit revised plans to the Planning Board for approval.
O) This Special Permit approval shall be deemed to have lapsed two years after the date of the grant
of this special permit (July 17, 2007), exclusive of the time required to pursue or await
determination of any appeals, unless substantial use or construction has commenc within said
two year period or for good cause. Id
P) The applicant must comply with the conditions set forth in the Watershed Special Perrm t approved on
July 17,2007 related to this project.
Q) This Site Plan Review Special Permit approval is based upon the following info 'on which is
incorporated into this decision by reference:
1. Plan titled: Butcher Boy Marketplace
1077 Osgood Street
North Andover,MA
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1477 Osgood Street,Map 35 Lot 27
Site Plan Special Permit-Construction of Parking Lot
July 17,2007
Prepared for: Angus Realty Corporation
1077 Osgood Street
North Andover,MA
Prepared by: Lynnfield Engineering,Inc.
199 Newbury Street, Suite 115
Danvers,MA 01923
Scale: 1"=40'and 1"=30'
Date: April 2007,Revised 4/30/07,5/24/07
Sheets: Cl-C7,El-E2,LTG Cale,and Ll (revised 7/5/07)
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Reporttided: Responses to Comments
Proposed Parking Lot Expansion
1077 Osgood Street
North Andover,MA i
Prepared for: Angus Realty Corporation
1077 Osgood Street
North Andover,MA
Prepared by: Lynnfield Engineering,Inc.
199 Newbury Street, Suite 115
Danvers,MA 01923
Date: May 25,2007
Attachments: Figures
Attachment 1-Emergency Response Plan
Attachment 2-Stornawater Analysis and Calculations
Attachment 3-Inspection and Maintenance Plan
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cc: Director of Public Works
Building Inspector
Town Manager
Conservation Administrator
Planning Board I P
Police Chief C
Fire Chief
Applicant to-, -� r C
PP n ,n 01
Engineer
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